Bill Text: MN HF2317 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Public building payment incentives established for installation of solar photovoltaic devices, and money appropriated.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2012-03-12 - Author added Hortman [HF2317 Detail]
Download: Minnesota-2011-HF2317-Introduced.html
1.2relating to energy; establishing incentive payments for public buildings installing
1.3solar photovoltaic devices; appropriating money;proposing coding for new law
1.4in Minnesota Statutes, chapter 216C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [216C.437] DEFINITIONS.
1.7 Subdivision 1. Scope. For the purposes of sections 216C.438 and 216C.439, the
1.8terms defined in this section have the meanings given them.
1.9 Subd. 2. Local government. "Local government" means any home rule charter
1.10or statutory city, county, commission, district, authority, or other political subdivision or
1.11instrumentality of this state, including a sanitary district, park district, school district, the
1.12Metropolitan Council, a port authority, an economic development authority, or a housing
1.13and redevelopment authority.
1.14 Subd. 3. Public building. "Public building" means a building owned by this state or
1.15a local government used for government activities and located in the electric service area
1.16of the public utility that owns the Prairie Island nuclear generating plant.
1.17 Subd. 4. Solar photovoltaic device. "Solar photovoltaic device" has the meaning
1.18given in section 216C.06, subdivision 16, and must meet the requirements of section
1.19216C.25.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. [216C.438] PUBLIC BUILDINGS SOLAR ACCOUNT.
1.22 Subdivision 1. Establishment of account. A public buildings solar account is
1.23established in the special revenue fund. The commissioner of commerce must deposit
2.1revenues in the account as directed in subdivision 2. Money from other sources may
2.2be credited to the account. Any interest earned on the account must be credited to the
2.3account. Money remaining in the account at the end of a biennium does not cancel to the
2.4general fund but remains in the account.
2.5 Subd. 2. Renewable development account; appropriation. Beginning January 1,
2.62013, and each year thereafter, money is appropriated to the commissioner of commerce
2.7from the renewable development account under section 116C.779 for deposit in the
2.8public buildings solar account established under subdivision 1 for the purpose of paying
2.9public buildings solar incentives as specified in section 216C.439. The annual amount
2.10appropriated is equal to $10,900,000 minus the total amount of renewable energy
2.11production incentive payments made under section 216C.41 and Laws 2005, chapter
2.1240, in the previous calendar year.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 3. [216C.439] PUBLIC BUILDINGS SOLAR INCENTIVE.
2.15 Subdivision 1. Application. (a) To be eligible to receive a public buildings solar
2.16incentive payment, an owner of a public building must file an application with the
2.17commissioner of commerce that contains the following information:
2.18(1) the location and square footage of the public building applying for the incentive;
2.19(2) the capacity of the solar photovoltaic device to be installed;
2.20(3) evidence that the public building applying for the incentive meets one of the
2.21following criteria:
2.22(i) the public building has received financing through the public buildings enhanced
2.23energy efficiency program under section 216C.43 and has completed the investigation
2.24and implementation phases of the project;
2.25(ii) the calculation of the B3 energy benchmarking tool developed under Laws
2.262001, chapter 212, article 1, section 3, that measures the public building's actual energy
2.27consumption per square foot divided by benchmark energy consumption per square foot is
2.28equal to 0.75 or less for the most recent calendar year; or
2.29(iii) for new construction, the public building meets the most recent sustainable
2.30building 2030 energy-efficiency performance standards developed by the Center for
2.31Sustainable Building Research at the University of Minnesota;
2.32(4) evidence that the public building's solar photovoltaic device is certified by
2.33Underwriters Laboratory, received the ETL listed mark from Intertek, or has an equivalent
2.34certification from an independent testing agency;
3.1(5) evidence that the public building's solar photovoltaic device was installed
3.2by, or that the installation has been reviewed and approved by, a person certified as a
3.3solar photovoltaic device installer by the North American Board of Certified Energy
3.4Practitioners;
3.5(6) certification that the electricity generated by the solar photovoltaic device will
3.6not be sold, transmitted, or distributed at retail, nor provided to an off-site facility of
3.7the generator;
3.8(7) evidence that the solar device is connected to a utility that will purchase
3.9electricity generated in excess of the public building's own consumption, as specified in
3.10section 216B.164;
3.11(8) certification that the building owner has the technical and financial resources
3.12to operate and maintain the solar photovoltaic device during the period an incentive is
3.13to be paid; and
3.14(9) any other information the commissioner deems necessary to determine whether
3.15the project qualifies for payment of an incentive under this section.
3.16(b) The commissioner shall determine whether a project qualifies for payment of an
3.17incentive under this section and respond in writing to the applicant approving or denying
3.18the application within 15 working days of receipt of the information required in paragraph
3.19(a). Applications shall be reviewed in the order in which complete applications are
3.20received.
3.21 Subd. 2. Amount of incentive; duration of incentive. (a) Each owner of a public
3.22building whose application is approved by the commissioner under subdivision 1 shall
3.23receive the following incentive payment for each kilowatt of electricity generated by the
3.24solar photovoltaic device:
3.25(1) for a project with a capacity of less than 30 kilowatts: 27 cents;
3.26(2) for a project with a capacity between 30 and 99 kilowatts: 25 cents;
3.27(3) for a project with a capacity between 100 and 999 kilowatts: 24.5 cents; and
3.28(4) for a project with a capacity of 1,000 kilowatts or more: 23 cents.
3.29(b) A project that begins production in 2013 will receive the incentive listed in
3.30paragraph (a). A project that begins production after 2013 will receive the incentive
3.31listed in paragraph (a) reduced by seven percent for each year after 2013 that production
3.32begins. A project will continue to receive the same amount of incentive as specified
3.33in this paragraph each year for 20 years.
3.34(c) The commissioner shall specify the methods and procedures an owner of a
3.35public building receiving an incentive payment under this section must use to measure
4.1and verify the amount of electricity generated annually in order for the commissioner to
4.2determine the amount of the incentive payment.
4.3(d) No single public building may receive an annual incentive payment greater
4.4than $........
4.5 Subd. 3. Change of ownership. If ownership of a public building has been
4.6transferred from the original owner that received the incentive, the new owner must meet
4.7the criteria established under subdivision 1 in order to receive an incentive payment.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
1.3solar photovoltaic devices; appropriating money;proposing coding for new law
1.4in Minnesota Statutes, chapter 216C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [216C.437] DEFINITIONS.
1.7 Subdivision 1. Scope. For the purposes of sections 216C.438 and 216C.439, the
1.8terms defined in this section have the meanings given them.
1.9 Subd. 2. Local government. "Local government" means any home rule charter
1.10or statutory city, county, commission, district, authority, or other political subdivision or
1.11instrumentality of this state, including a sanitary district, park district, school district, the
1.12Metropolitan Council, a port authority, an economic development authority, or a housing
1.13and redevelopment authority.
1.14 Subd. 3. Public building. "Public building" means a building owned by this state or
1.15a local government used for government activities and located in the electric service area
1.16of the public utility that owns the Prairie Island nuclear generating plant.
1.17 Subd. 4. Solar photovoltaic device. "Solar photovoltaic device" has the meaning
1.18given in section 216C.06, subdivision 16, and must meet the requirements of section
1.19216C.25.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. [216C.438] PUBLIC BUILDINGS SOLAR ACCOUNT.
1.22 Subdivision 1. Establishment of account. A public buildings solar account is
1.23established in the special revenue fund. The commissioner of commerce must deposit
2.1revenues in the account as directed in subdivision 2. Money from other sources may
2.2be credited to the account. Any interest earned on the account must be credited to the
2.3account. Money remaining in the account at the end of a biennium does not cancel to the
2.4general fund but remains in the account.
2.5 Subd. 2. Renewable development account; appropriation. Beginning January 1,
2.62013, and each year thereafter, money is appropriated to the commissioner of commerce
2.7from the renewable development account under section 116C.779 for deposit in the
2.8public buildings solar account established under subdivision 1 for the purpose of paying
2.9public buildings solar incentives as specified in section 216C.439. The annual amount
2.10appropriated is equal to $10,900,000 minus the total amount of renewable energy
2.11production incentive payments made under section 216C.41 and Laws 2005, chapter
2.1240, in the previous calendar year.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 3. [216C.439] PUBLIC BUILDINGS SOLAR INCENTIVE.
2.15 Subdivision 1. Application. (a) To be eligible to receive a public buildings solar
2.16incentive payment, an owner of a public building must file an application with the
2.17commissioner of commerce that contains the following information:
2.18(1) the location and square footage of the public building applying for the incentive;
2.19(2) the capacity of the solar photovoltaic device to be installed;
2.20(3) evidence that the public building applying for the incentive meets one of the
2.21following criteria:
2.22(i) the public building has received financing through the public buildings enhanced
2.23energy efficiency program under section 216C.43 and has completed the investigation
2.24and implementation phases of the project;
2.25(ii) the calculation of the B3 energy benchmarking tool developed under Laws
2.262001, chapter 212, article 1, section 3, that measures the public building's actual energy
2.27consumption per square foot divided by benchmark energy consumption per square foot is
2.28equal to 0.75 or less for the most recent calendar year; or
2.29(iii) for new construction, the public building meets the most recent sustainable
2.30building 2030 energy-efficiency performance standards developed by the Center for
2.31Sustainable Building Research at the University of Minnesota;
2.32(4) evidence that the public building's solar photovoltaic device is certified by
2.33Underwriters Laboratory, received the ETL listed mark from Intertek, or has an equivalent
2.34certification from an independent testing agency;
3.1(5) evidence that the public building's solar photovoltaic device was installed
3.2by, or that the installation has been reviewed and approved by, a person certified as a
3.3solar photovoltaic device installer by the North American Board of Certified Energy
3.4Practitioners;
3.5(6) certification that the electricity generated by the solar photovoltaic device will
3.6not be sold, transmitted, or distributed at retail, nor provided to an off-site facility of
3.7the generator;
3.8(7) evidence that the solar device is connected to a utility that will purchase
3.9electricity generated in excess of the public building's own consumption, as specified in
3.10section 216B.164;
3.11(8) certification that the building owner has the technical and financial resources
3.12to operate and maintain the solar photovoltaic device during the period an incentive is
3.13to be paid; and
3.14(9) any other information the commissioner deems necessary to determine whether
3.15the project qualifies for payment of an incentive under this section.
3.16(b) The commissioner shall determine whether a project qualifies for payment of an
3.17incentive under this section and respond in writing to the applicant approving or denying
3.18the application within 15 working days of receipt of the information required in paragraph
3.19(a). Applications shall be reviewed in the order in which complete applications are
3.20received.
3.21 Subd. 2. Amount of incentive; duration of incentive. (a) Each owner of a public
3.22building whose application is approved by the commissioner under subdivision 1 shall
3.23receive the following incentive payment for each kilowatt of electricity generated by the
3.24solar photovoltaic device:
3.25(1) for a project with a capacity of less than 30 kilowatts: 27 cents;
3.26(2) for a project with a capacity between 30 and 99 kilowatts: 25 cents;
3.27(3) for a project with a capacity between 100 and 999 kilowatts: 24.5 cents; and
3.28(4) for a project with a capacity of 1,000 kilowatts or more: 23 cents.
3.29(b) A project that begins production in 2013 will receive the incentive listed in
3.30paragraph (a). A project that begins production after 2013 will receive the incentive
3.31listed in paragraph (a) reduced by seven percent for each year after 2013 that production
3.32begins. A project will continue to receive the same amount of incentive as specified
3.33in this paragraph each year for 20 years.
3.34(c) The commissioner shall specify the methods and procedures an owner of a
3.35public building receiving an incentive payment under this section must use to measure
4.1and verify the amount of electricity generated annually in order for the commissioner to
4.2determine the amount of the incentive payment.
4.3(d) No single public building may receive an annual incentive payment greater
4.4than $........
4.5 Subd. 3. Change of ownership. If ownership of a public building has been
4.6transferred from the original owner that received the incentive, the new owner must meet
4.7the criteria established under subdivision 1 in order to receive an incentive payment.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
